B-153313, APR. 8, 1964

B-153313, APR. 8, 1964

TO LEE FRANKLIN COON, ENCM, USCG:

REFERENCE IS MADE TO YOUR CLAIM DATED NOVEMBER 8, 1963, FORWARDED HERE BY THE COMMANDANT, U.S. COAST GUARD, REQUESTING TRANSPORTATION ALLOWANCE FOR TRAVEL OF YOUR DEPENDENT WIFE FROM HAMMOND, OREGON, TO SEATTLE, WASHINGTON, AND REIMBURSEMENT FOR THE DIFFERENCE IN COST BETWEEN HER TRAVEL BY COMMERCIAL AIR FROM SEATTLE, WASHINGTON, TO ADAK, ALASKA, AND ON GOVERNMENT TRANSPORTATION REQUEST FROM JUNEAU, ALASKA, TO ADAK, ALASKA, INCIDENT TO CHANGE OF STATION ORDERS DATED APRIL 18, 1962. INASMUCH AS A PRIOR CLAIM FOR YOUR DEPENDENT'S TRAVEL DURING THE SAME PERIOD WAS DISALLOWED BY SETTLEMENT DATED APRIL 15, 1963, THE MATTER WILL BE CONSIDERED AS IN THE NATURE OF A REQUEST FOR REVIEW OF THE ACTION TAKEN IN THE SETTLEMENT.

BY ORDERS DATED APRIL 18, 1962, YOU WERE DIRECTED TO PROCEED FROM POINT ADAMS LIFEBOAT STATION, HAMMOND, OREGON, TO REPORT NOT LATER THAN MAY 21, 1962, AT SEATTLE, WASHINGTON, FOR TRANSFER TO THE COMMANDER, SEVENTEENTH COAST GUARD DISTRICT, FOR FURTHER ASSIGNMENT TO DUTY. A SUBSEQUENT ENDORSEMENT ON YOUR ORDERS INDICATES YOU WERE ASSIGNED TO DUTY ABOARD THE COAST GUARD CUTTER CLOVER AT ADAK, ALASKA. ON MAY 2, 1962, YOU APPLIED FOR CONCURRENT TRAVEL OF YOUR DEPENDENT WIFE TO YOUR STATION, WHICH APPLICATION WAS NOT APPROVED AT THAT TIME BECAUSE OF THE UNAVAILABILITY OF SUITABLE HOUSING. HOWEVER, YOUR WIFE TRAVELED BY PRIVATE CONVEYANCE FROM HAMMOND, OREGON, TO SEATTLE, WASHINGTON, AND BY COMMERCIAL AIR FROM SEATTLE TO JUNEAU, ALASKA, ARRIVING ON MAY 22, 1962. ON OCTOBER 4, 1962, A GOVERNMENT TRANSPORTATION REQUEST WAS ISSUED FOR YOUR WIFE'S TRAVEL FROM JUNEAU TO ADAK, ALASKA, AS HOUSING WAS THEN AVAILABLE AT YOUR DUTY STATION, AND SHE ARRIVED AT YOUR STATION ON OCTOBER 24, 1962.

YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF DEPENDENT'S TRAVEL FROM HAMMOND, OREGON, TO JUNEAU, ALASKA, WAS DISALLOWED BY THE SETTLEMENT DATED APRIL 15, 1963, FOR THE REASON THAT ENTRY OF YOUR DEPENDENT WIFE TO JUNEAU, ALASKA, WAS NOT AUTHORIZED DURING MAY 1962 BY THE COMMANDER OF THE COAST GUARD DISTRICT AS REQUIRED BY APPLICABLE REGULATIONS.

IN YOUR PRESENT CLAIM YOU STATE THAT YOU DESIGNATED JUNEAU, ALASKA, AS THE RESIDENCE OF YOUR DEPENDENT WHILE AWAITING ENTRY APPROVAL TO ADAK, ALASKA, AND ALSO THAT IN ACCORDANCE WITH ITEMS 2 AND 3, PARAGRAPH 7005.2 OF THE JOINT TRAVEL REGULATIONS, YOU ARE ENTITLED TO TRANSPORTATION OF YOUR DEPENDENT TO THE POINT OF DEPARTURE FROM THE UNITED STATES TO A DESIGNATED POINT OUTSIDE THE UNITED STATES, APPARENTLY IN THE BELIEF THAT JUNEAU QUALIFIED AS SUCH POINT OF DEPARTURE.

ITEMS 1, 2, AND 3 OF PARAGRAPH 7005.2, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, AND IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PROVIDED IN EFFECT THAT WHEN A MEMBER IS TRANSFERRED BY PERMANENT CHANGE OF STATION ORDERS FROM A STATION LOCATED IN THE UNITED STATES TO A RESTRICTED AREA HE WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM HIS LAST DUTY STATION TO ANY PLACE IN THE UNITED STATES HE MAY DESIGNATE, OR TO THE POINT OF ACTUAL DEPARTURE OF DEPENDENTS FROM THE UNITED STATES IN CONJUNCTION WITH TRAVEL TO A PLACE OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER, OR TO THE PANAMA CANAL ZONE, PUERTO RICO, ALASKA, HAWAII, OR ANY TERRITORY OR POSSESSION OF THE UNITED STATES, IF DEPENDENTS' TRAVEL TO ANY OF THOSE POINTS IS APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE. THE REGULATIONS PROVIDED FURTHER THAT IN THE ABSENCE OF SUCH APPROVAL TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS LIMITED TO THE PORT OF ACTUAL DEPARTURE OF DEPENDENTS FROM THE UNITED STATES.

PARAGRAPH 1150-16 OF THE JOINT TRAVEL REGULATIONS DEFINES "UNITED STATES" AS USED IN THE REGULATIONS AS INCLUDING THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA, THEREBY EXCLUDING ALASKA AS A PART OF THE UNITED STATES FOR TRAVEL ALLOWANCE PURPOSES. CONSEQUENTLY JUNEAU MAY NOT BE CONSIDERED AS A PLACE IN THE UNITED STATES FOR PURPOSES OF ENTITLEMENT TO YOUR DEPENDENT'S TRAVEL. THEREFORE, IN THE ABSENCE OF APPROVAL OF THE SECRETARY OF THE TREASURY OR HIS REPRESENTATIVE FOR YOUR WIFE'S TRAVEL TO JUNEAU, THERE WAS NO AUTHORITY FOR HER TRAVEL TO THAT POINT AT GOVERNMENT EXPENSE UNDER THE CITED REGULATIONS. HOWEVER, SINCE YOUR NEW DUTY STATION WAS OUTSIDE THE UNITED STATES FOR TRAVEL ALLOWANCE PURPOSES UNDER THE REGULATIONS, IT APPEARS THAT YOU ARE ENTITLED TO A TRANSPORTATION ALLOWANCE FOR THE TRAVEL OF YOUR DEPENDENT, LIMITED TO THE DISTANCE FROM HAMMOND, OREGON, TO SEATTLE, WASHINGTON, THE PORT OF ACTUAL DEPARTURE FOR YOUR DEPENDENT FROM THE UNITED STATES.

A SETTLEMENT ON THE BASIS INDICATED ABOVE WILL ISSUE IN THE NEAR FUTURE. ORIGINAL ORDERS, DATED APRIL 18, 1962, WILL BE RETURNED WITH THE SETTLEMENT.